Terms Of Service.
The following terms and conditions, (“Terms of Service”) govern all use of InfoSweep.com website and all services (the “Site & Services”) and content, features, activities and products available at or through the website, including, but not limited to, use of the site, privacy, removal, and consulting services, etc. (collectively, the “Services”).
By using or accessing our Site or Services, you agree to be bound by these Terms of Service. If you do not agree to all these terms, then you should not access or use the Services or Site & Services. You (the User) agree that by clicking “Submit”, “Sign Up” or similar, registering, accessing or using our services (described above), you are agreeing to enter into a legally binding contract with InfoSweep.com. If you do not agree to this agreement (“Agreement” or “User Agreement”), do not click “Submit” or any other form submission, and do not access or otherwise use any of our Services or Site.
Terms and Conditions
These Terms and Conditions together with any other signed agreement or Statement of Work (collectively the “Agreement”) relating to the Services that may be entered into by the parties contain the general terms and conditions pursuant to which InfoSweep will provide certain Services to the Client.
Warranties. Client represents and warrants that all information provided to InfoSweep is accurate and truthful, that Client has the right to enter into this Agreement, that the execution and performance of this Agreement does not violate any other contract or obligation to which Client is a party or is otherwise bound, and that the Client Materials do not infringe upon the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.
Term and Termination. These Terms shall remain in full force and effect while you use the Site and/or Services. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site & Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or any applicable law of regulation. We may terminate your use or participation in the Site & Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Either party may terminate this Agreement by 7 days written notice to the other at any time. Client’s obligation to pay the Payments and expenses described in this Agreement and the following provisions shall survive termination of this Agreement: Sections titled License and Ownership, Warranties, Term and Termination, Disclaimer of Warranties; No Guarantee, Limitation of Liability, Indemnity, Arbitration, Assignment, and General Provisions.
Disclaimer of Warranties; No Guarantee. InfoSweep does not guarantee any results for the Services. The Services provided under this Agreement are dependent in part on actions by third parties and InfoSweep cannot control or predict how third parties might act, therefore InfoSweep is not responsible for any actions or omissions of any third party. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND. INFOSWEEP DOES NOT PROVIDE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, OR THE SUCCESS OR RESULTS OF THE SERVICES INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CLIENT ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES IN ENTERING INTO THIS AGREEMENT.
Limitation of Liability. IN NO EVENT WILL INFOSWEEP BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ANY SERVICES PERFORMED UNDER THIS AGREEMENT AND ANY CONTENT CREATED BY OR OPTIMIZATION PERFORMED BY INFOSWEEP. INFOSWEEP’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT INCLUDING ANY SERVICES PERFORMED UNDER THIS AGREEMENT AND ANY CONTENT CREATED BY OR OPTIMIZATION PERFORMED BY INFOSWEEP (OTHER THAN FOR PAYMENT OF ANY OTHER AMOUNTS OWED UNDER THIS AGREEMENT), WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO INFOSWEEP BY CLIENT UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE LIABILITY. Client acknowledges that the fees set forth in this Agreement reflect the allocation of risk set forth in this Agreement and that InfoSweep would not enter into this Agreement without these limitations on its liability.
Indemnity. Client agrees to defend, indemnify, and hold InfoSweep harmless from and against any and all damages, losses, liabilities, and costs brought or alleged by third parties relating to or arising from the Services performed under this Agreement. Client agrees to indemnify and hold InfoSweep harmless from and to promptly reimburse InfoSweep for all costs and expenses, including storage costs and personnel time, relating to requests or requirements from Client or a third party for InfoSweep to provide, maintain, preserve, collect, or otherwise process any information, data, or materials relating to the Services performed by InfoSweep for Client.
Payment. If you purchase any of our Services you agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such purchases. Failure to pay these charges will result in the termination of your Services. Also, you agree that: Fees may be charged on a per purchase basis or on a monthly or other recurring basis. We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. If your purchase is subject to recurring charges, then you consent to us charging your payment method in advance on a recurring basis, without requiring your prior approval for each recurring charge. Recurring charges will continue until you notify us of your cancellation. Charges for renewal periods shall be calculated at the prevailing rates then offered by us. We reserve the right to suspend access to the Services in the event you fail to make a timely payment hereunder. We reserve the right to refuse any order placed through the Site & Services. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
REFUND POLICY STATEMENT
All sales of InfoSweep Services are final. No refunds shall be given by InfoSweep, or any other party, for any amounts paid for Services, including, without limitation, any service charges or Payments.
Assignment. Client may not assign or transfer, by operation of law or otherwise, any of its rights or delegate any of its duties under this Agreement to any third party without InfoSweep’s prior written consent except pursuant to a transfer of all or substantially all of Client’s business and assets, whether by merger, sale of assets, sale of stock, or otherwise. InfoSweep may assign this Agreement without Client’s consent. Any attempted assignment or transfer in violation of the foregoing will be void.
General Provisions. All notices, consents and approvals under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) and will be effective upon receipt. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Client agrees that the Limitation of Liability will remain in effect notwithstanding the unenforceability of any provision in Disclaimer of Warranty; No Guarantee. Client will not be entitled to specific performance of this Agreement for any reason. This Agreement will be governed by the laws of the State of Colorado without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction and both parties irrevocably submit to the jurisdiction and venue of federal and state courts in the State of Colorado.
The Client agrees that the Company has the right to identify the Client as a recipient of Services solely in connection with a request required by law or a court order, or as necessary to enforce the Company’s rights under this Agreement. The Client agrees not to disclose to any third party, and to maintain, as the confidential information of InfoSweep, any techniques, methods, and/or strategies in connection with the Services the Company provides.
Governing Law. This Agreement is governed by the internal laws of the State of Colorado, without regard to any conflicts of laws principles. Each Party to this Agreement agrees that any litigation arising directly or indirectly out of, or in any way relating to this Agreement shall submit exclusively and irrevocably to the jurisdiction and venue of federal and state courts in the State of Colorado.
California Users and Residents. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.